WSR 02-03-020

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed January 4, 2002, 4:28 p.m. , effective February 1, 2002 ]

Date of Adoption: January 3, 2002.

Purpose: This rule describes how the department treats the earned income of a child.

Citation of Existing Rules Affected by this Order: Amending WAC 388-450-0070.

Statutory Authority for Adoption: RCW 74.08.090 and 74.04.510.

Adopted under notice filed as WSR 01-23-069 on November 20, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Failure to adopt these rules timely could cause incorrect calculations of benefits, resulting in eligibility determinations that may result in nonpayment of benefits or client responsibility to repay.
Effective Date of Rule: February 1, 2002.

January 3, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

3020.1
AMENDATORY SECTION(Amending WSR 98-16-044, filed 7/31/98, effective 9/1/98)

WAC 388-450-0070   ((A child's)) How do we count the earned income((.)) of a child?   ((Unless otherwise specified, this section applies to TANF/SFA, RCA, GA-H and TANF/SFA-related medical programs. The earned income of a dependent child is:

(1) Excluded when determining if the total income of the assistance unit is more than one hundred eighty-five percent of the need standard in WAC 388-478-0015. This exclusion is limited to:

(a) Children who are full-time students; and

(b) No more than six month's in any calendar year.

(2) Not counted when determining the assistance unit's need and benefit level when the child is a:

(a) Full-time student; or

(b) Part-time student who is employed less than full-time.

(3) For food assistance programs, all earned income of a child is not counted when a child is:

(a) Seventeen years of age or younger; and

(b) Attending elementary or secondary school at least half time)) (1) For food assistance and medical programs for families, children, and pregnant women, we do not count the earnings of a child if the child is:

(a) In school;

(b) Age seventeen or younger;

(c) Not married; and

(d) Not emancipated.

(2) For cash assistance, we do not count the earnings of a child if the child is:

(a) In school; and

(b) Meets the age and attendance requirements in WAC 388-404-0005.

(3) School includes:

(a) Participating in a home-school program that is approved by the superintendent of public instruction; or

(b) On break between school terms when the child:

(i) Was enrolled during the previous school term; and

(ii) Plans to return to school when it reopens.

(4) For medical programs, if we count the earnings of the child, we put the child in a separate MAU as described in WAC 388-408-0055.

[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-450-0070, filed 7/31/98, effective 9/1/98.]

Washington State Code Reviser's Office